SC asks Election Commission to resolve TMC factions’ symbol row within 3 months The court said that the three-month period will begin from four weeks hence, within which both sides were directed to file all necessary responses.
Updated on: Sep 28, 2026, 15:54:12 IST By Abraham Thomas Prefer HTon Google Share via Copy link The Supreme Court on Monday set a four-month deadline to decide the symbol dispute between the rival Trinamool Congress factions pending before the Election Commission of India (ECI).
A TMC symbol graffiti drawn on a wall at Kalighat, in Kolkata. (PTI File Photo) The direction was passed on a plea filed by former West Bengal chief minister Mamata Banerjee challenging the ECI decision to freeze her party symbol and name in an interim order.
A bench comprising Chief Justice of India (CJI) Surya Kant and justices Joymalya Bagchi and V Mohana directed the rival factions to file all evidence and responses required by the Commission within a maximum period of four weeks (one month).
Once this period gets over, the Election Commission of India (ECI) would get three months to arrive at a decision.
“We grant four weeks time to the parties to place their affidavit and counter affidavit and complete the process within four weeks.
From that date, the ECI will take a decision in three months,” the bench said.
On September 24, the court asked ECI and the parties to the symbol dispute to suggest a timeframe for deciding the dispute.
The two factions sought six weeks to file their response.
ECI, represented by senior advocate Dama Sesadari Naidu, on the other hand informed the bench that while deciding similar disputes under Symbols Order in the past, the Commission has taken 6 to 10 months, When the court outlined the four month timeline, Naidu said that this duration would not be sufficient and sought at least five months.
However, the court was not willing to extend the schedule.
The bench stressed that its order should not be seen as an expression on the merits of the dispute.
In her petition before the top court, the former West Bengal chief minister challenged the poll panel’s interim order passed on September 17 freezing the original party symbol and asking both factions to choose a name and symbol of their choice.
Under protest, Mamata Banerjee suggested a neutral poll symbol along with choices for a party name.
A similar exercise was carried out by the rival faction too.
The ECi recognised the rival faction led by Ritabrata Banerjee as “Democratic Trinamool Congress” and allotted it the “envelope” symbol.
Similarly, the poll panel named the Mamata-led faction as “Mamata All India Trinamool Congress” with a “football player” symbol.
The TMC dispute stems from the party’s defeat in the 2026 West Bengal assembly elections, which ended 15 years of Mamata Banerjee’s rule.
The loss triggered an internal revolt.
Around 58 of the party’s newly elected MLAs broke away and installed Ritabrata Banerjee as Leader of Opposition, calling themselves the “real TMC.” The TMC then expelled Ritabrata and MLA Sandipan Saha for “anti-party” activities.
The eventual allotment of the original name and symbol will likely hinge on a hearing where both sides demonstrate organisational and legislative strength, similar to the approach ECI followed in the Shiv Sena and Samajwadi Party cases.
The losing faction will have the option to approach the Supreme Court.
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